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EEA2 help

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rogerex
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EEA2 help

Post by rogerex » Thu Nov 20, 2008 5:51 pm

Hi:

There is lots of useful information here, so I'd appreciate any feedback:

I applied for a EEA2 6 months ago, and havent headr anything from them.
I have a ticket to go home in december, I've called many times and no helpful info. I sent a complaint letter and nothing.

thsths
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Re: EEA2 help

Post by thsths » Thu Nov 20, 2008 10:01 pm

rogerex wrote:I applied for a EEA2 6 months ago, and havent headr anything from them.
I have a ticket to go home in december, I've called many times and no helpful info. I sent a complaint letter and nothing.
You need to put this in writing immediately, and send it as registered mail. Make sure to mention that you will have significant damages if you do not receive the passport in time. It may be worth to contact the complain team on NWCSU@homeoffice.gsi.gov.uk , too, although I would still write a letter.

Assuming you are married to an EEA national, you also have the option to request your documents make (including the passport), and to travel without the residence card. But I would only recommend that if you are traveling together with your spouse, and if you have no other option. Whether you want to do this, or whether you cancel your travel plans, that is up to you.

If you have to cancel, you should certainly ask the UKBA to pay for your damages. If you make a reasonable claim, I would assume that they will do this - and if not you can still go to court for compensation.

rogerex
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Thanks

Post by rogerex » Fri Nov 21, 2008 9:45 am

I have written one letter to the address in Croyden, which is where is sent all my papers, However I'm not sure but I think they moved to Liverpool now, so should I send my letter there? I will also contact the complain team.

I'm married to an EEA national, and yes we are planning to travel togheter, but then what would be the plan of action to take, I mean how would I reenter the country? If wont have a residence permit or visa? Will the marriage certificate be enough proof to show it to the Inmigration Officer at the airport?

As you said they will cause significant damage, as tickets to south america are quite expensive.

Another question, jobwise, whats my position at the moment? Am I allowed to work part time, full time, not at all?

Many thanks for your feedback again!

thsths
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Re: Thanks

Post by thsths » Fri Nov 21, 2008 10:28 am

rogerex wrote:I'm married to an EEA national, and yes we are planning to travel togheter, but then what would be the plan of action to take, I mean how would I reenter the country? If wont have a residence permit or visa? Will the marriage certificate be enough proof to show it to the Inmigration Officer at the airport?
Yes, it is supposed to be sufficient, although you may have to discuss that with a supervisor. However, the bigger problem could be getting on the aircraft in SA. Some airlines have (illegally) refused passengers without a valid EEA Family Permit. So if you want to do this, you should contact the airline, too.
Another question, jobwise, whats my position at the moment? Am I allowed to work part time, full time, not at all?
Yes, you can work, although it will be difficult to convince an employer of your right. If they follow the guidelines issued by the Home Office, passport and the Certificate of Application should be sufficient, but the guidelines are so complex that nearly nobody understands them.

rogerex
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Post by rogerex » Fri Nov 21, 2008 11:02 am

Many thanks again for your quick response, ok so if I manage to get in the plane in SA, the marriage certificate should be enough to reenter that sounds very good, however risky.

Before I got married I was with a student visa so I was working 20hrs/week, now that I'm married am I allowed to look for a full time job?

Ben
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Post by Ben » Fri Nov 21, 2008 11:41 am

rogerex wrote:Many thanks again for your quick response, ok so if I manage to get in the plane in SA, the marriage certificate should be enough to reenter that sounds very good, however risky.
As thsths has correctly advised, your passport and marriage cert is all that is required to enter the UK with your EEA national spouse. However - and to echo thsths's words - there is a difference between fulling the requirements of the Directive and the airline letting you board, sans visa. Be prepared for lengthy discussions with airport staff at check-in. A print out of Directive 2004/38/EC should also accompany you.
rogerex wrote:Before I got married I was with a student visa so I was working 20hrs/week, now that I'm married am I allowed to look for a full time job?
Yes, you can work in any job, just as a UK national can.

rogerex
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Post by rogerex » Fri Nov 21, 2008 3:03 pm

Ok, just one more question. If I request my passport, will the application be withdrawn?

86ti
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Post by 86ti » Fri Nov 21, 2008 3:17 pm

rogerex wrote:Ok, just one more question. If I request my passport, will the application be withdrawn?
No.

Ben
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Post by Ben » Fri Nov 21, 2008 3:26 pm

rogerex wrote:Ok, just one more question. If I request my passport, will the application be withdrawn?
No. Request for the return of your passport does not translate as withdrawal of application.

rogerex
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Post by rogerex » Fri Nov 21, 2008 4:34 pm

Quick response again! many thanks.

If I ask for a passport then go home, and stya there for 3 weeks, is there any possibility for them to ask for the pasport withing that period? I'm not sure if I'm making sense.

thsths
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Post by thsths » Fri Nov 21, 2008 6:02 pm

rogerex wrote:If I ask for a passport then go home, and stya there for 3 weeks, is there any possibility for them to ask for the pasport withing that period? I'm not sure if I'm making sense.
Good question - I was wondering that myself. Usually the Home Office gives you three weeks to send in the passport, but since they like to use second class mail, one week mail already be gone before you get the letter. So what you say is indeed possible.

However, I would not worry too much about this. The Home Office took 8 months to get to this point, why should you have to respond within weeks? My guess is that you can respond later, but it will obviously delay the process a bit.

Plum70
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Post by Plum70 » Fri Nov 21, 2008 6:25 pm

However, I would not worry too much about this.
I would!
The Home Office took 8 months to get to this point, why should you have to respond within weeks? My guess is that you can respond later, but it will obviously delay the process a bit.
When the UKBA writes to an applicant requesting the return of their passport the template letter states (and I quote) "... We believe it would be reasonable to receive the documents within 21 days... Failure to supply all the requested information within 28 days of the date of this latter will result in me considering the application on the basis of the documents you have already submitted, and your application possibly becoming eligible for refusal".
Rogerex, where i'm not saying you should panic about promptly returning your passport, don't be lax about it either.

rogerex
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Post by rogerex » Tue Nov 25, 2008 11:40 am

Many thansk for your feedback one ahain, I wil call them today adn request my passport, as my tikets are for the 17th of December.

I've also writen to my local MP but she has not asnwered.

sab8783
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Post by sab8783 » Tue Nov 25, 2008 8:08 pm

hi all,
my husband is also in a similar situation, applied in march for EEA2 RC
and submitted the additional documents 3rd of nov 2008. we sent number of complaints by fax ,email, letter , solvit but so far no response. we are planning for a visit to france in the end of december.what will happen if we dont receive the passport till let say first week of december. if we rquest the passport back , will the french embassy issue a schenegen visa without a resident card[ i am a french] even if they issue a visa on returning back airlines may not allow my husband to board the plane but where will they send him if they cant let him in the plane, can they deport him to india[he is an indian national]. we are bit worried about that.
what i think is they cant keep us in france so they have to let us board the plane. any suggestions pls
sab

rogerex
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Post by rogerex » Wed Nov 26, 2008 9:53 am

Hi can you please let me know waht additional documents did they request?

Reason I'm asking is bacuse we didnt even get a letter requesting that, no news at all

rogerex
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Post by rogerex » Thu Dec 04, 2008 12:47 pm

OK I recieved my passport back on Monday, but the residence card was not there, I went all the way to Croydon yesterday to ask for it, and explained the situation about the travel, what I got........ Wait in the cold open "reception area" until the "officer" felt like coming to speak to me, just to say, "The systems shows you application still under consideration, and we can only advice you to wait further" he said yes you can travel now that you have your passport but on the way back we cant guarnatee you entry......Now I'm very annoyed, and thinking very seriuosly in hiring a lawyer, becasue I will lose £2000 for the tickets

thsths
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Post by thsths » Thu Dec 04, 2008 9:07 pm

rogerex wrote:OK I recieved my passport back on Monday, but the residence card was not there
I am sorry to here that. As I see it, you have two options: stay or go. Yes, getting back into the UK can be difficult, but I think it should be possible. If you have the Certificate of Application and a copy of your marriage certificate, you should be fine. But you also need to convince the airline to let you board, and that could be a bit difficult - it may be worth contacting them and asking about the situation.

Of course you can also ask the UKBA. The complaint office
NWCSU@homeoffice.gsi.gov.uk seems to be reasonably responsible.

Whatever happens, if you have any financial loss because the UKBA did not process the application in time, you should be able to claim compensation. You can ask the UKBA to pay, but they may not agree to your claim. If you are in doubt about your rights, you should talk to a solicitor and discuss the case.

rogerex
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Post by rogerex » Fri Dec 05, 2008 9:45 am

Thanks for the reply, and for the email address, I will write to them inmidiately.

About the airlines, I weill contact both of the and ask, but as far as I remember the first time I came to England, they did check if I had a visa to board the plane. We can only try.

I will lose £250 per ticket if I cancel the flights, and the tickets from brazil to Bolivia are non refundable so yes it will mean a finaancial loss for me and my wife.

I've already decided not to travel, so now my question is, should I send my passport back inmediately or should I wait for them to aks for it, as I received a letter together with the passport and the letter says to wait for a caseworker to request it. Sounds like a silly question but what would you advice?

eborras
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Post by eborras » Sun Dec 07, 2008 12:35 am

I am in a similar situation as Rogerex. The deadline for my EEA2 was two weeks ago and they say my application is still pending. We have tickets to go to Mexico on the 17th and the Consulate is closed until the 22nd when I have got an appointment for another family permit. The problem is that it takes up to 15 working days to process and I need to be back on the 6th, so there's not enough time.

We have been considering coming back with my expired family permit (my husband is Italian), but are worried about the difficulty of being allowed in. I cannot risk to be sent back to Mexico as I am working already.

Mexicans do not need visas to enter the UK, so I am wondering whether this would make it easier for the airline to let me in the flight. The flight is via Madrid, so I would be hoping that they will let me board the planes without worrying about the permit, because I wouldn´t normally need a visa to come as a tourist to the UK. Am I right?

And in case I'm allowed to board all the planes and get to Heathrow, what are the chances that our marriage certificate and HO letters will be enough for them to let me in?

Hope somebody can help me as I am desperate. We also spent a lot of money in non'refundable tickets.

Thanks
elena

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